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    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
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      • 7 replies
    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
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      11oz Coffee Mug with HadIt.com Logo and Motto $12
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    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
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  1. Past hour
  2. Rome wasn't built in a day so it can't be dismantled either in a day. Remember that! Like an onion you have many more layers to get through on getting better, don't give up, and keep seeing your VA shrink.
  3. Welcome to Hadit. What happen here is the VA wasted tax payers money and paid this clown to deny you so the RO rater doesn't know how to read and you will have to file a NOD to go to the BVA. In the mean time continue getting treatment at the VA. Seems to me you should switch to a new shrink. You can switch doctors just tell the front desk you want a new shrink, they're give you a one page form and all you have to do is sign it. It will a course take time to have the process of switching over but not more than 4 to 6 weeks. I would suggest to you getting a real IMEO by a neuropsychologist, the fee for the 5 hour test is two grand. This private IMEO by the neuropsychologist will spank the VA C&P exam out of the water. Also considered lawyering up, I did with GloverLuck, because I Hadit with the VA circus.
  4. Hello Kathy Carr, We're so glad you've joined our community Welcome Aboard, We are happy you found us! You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter. You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option. This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information. Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible. Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered. How to get your questions answered. All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. Register for a free account. Tips on posting on the forums. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post and will gravitate towards those I have more info on. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out. Leading to: Post clear questions and then give background info on them. Examples: A. I was previously denied for apnea – Should I refile a claim? I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile? B. I may have PTSD- how can I be sure? I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help? This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc. Note: Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview. This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that. Home VA Disability Community VA & Veterans News Veterans Helping Veterans Podcasts HadIt.com Veteran to Veteran LLC STAY CONNECTED ‌ ‌ ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
  5. Today
  6. C-files are not in order. But you found the needle in the hay stack. What page was it on in the c-file? Open source software is free and Libra office you can make a spreadsheet of your cfile Page 1-3 states this is your cfile Page 57-61 are labs, normal Page ??? accident report aka needle in the hay stack No, you have to do a lot of things before claiming TBI. I'm half way through the process. Go have a EEG test done and the VA can do your EEG. Do you work now, have private insurance? If so Get a private neurologist. Created separate heavy duty file folders for all of these reports and scans on dvd to put in a fedex/usps express box. Then find a private neuropsychologist and set up appointment to do the "5 hour test," they are not cheap as mine was two grand and bring the fedex/usps box so that he can review your records. I lawyered up with GloverLuck because I hadit with the VA and was more concern about moving on than dealing with the VA circus. Jfrei should comment too, when he sees this.
  7. Yesterday
  8. I would LOVE to agree with you on this opinion but sadly I had this same R/O PTSD in my records for TEN years, yes TEN years!! Meanwhile every psychiatrist I saw had no problem adding a NEW diagnosis, so I WAS service connected for mental health and it looked like this Bipolar Disorder (general anxiety disorder, panic attacks with agoraphobia, nightmares, sleep disturbances) AS IF that all in parentheses isn't PTSD PTSD is NOW included in my rating but also in parentheses so I guess I have every anxiety disorder possible? NO I have PTSD and I just don't argue about the rest of it. NIGHTMARES??? pretty sure that isn't in the DSM oi vey I see nothing wrong with the R/O PTSD if they actually do something and rule it out or diagnose, but this leaving it in our records for years and va providers being the ONLY ones who can diagnose ptsd for claims, that is a big freaking deal!!
  9. I had a Voc Rehab counselor who indicated to me recent that all VOC rehab things are done via the VA Hospital, kind of like this program does not exist or exist outside the VA hosp. I myself as well have 2 feasibility letters and i hope they will help because after being on TDIU for almost 5 years and after i decided to claim an addition disability that has been diagnosed and related to in-service stress-or' i am now getting all these C&P's and on a side note this CnP should be for the new conditions however i feel that the VA will try and put in the hamster wheel again. On a side note: I am happy for the Veteran who finally got this sorted out after so much unwarranted time had elapsed.
  10. Hello Foxhound6, We're so glad you've joined our community Welcome Aboard, We are happy you found us! You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter. You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option. This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information. Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible. Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered. How to get your questions answered. All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. Register for a free account. Tips on posting on the forums. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post and will gravitate towards those I have more info on. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out. Leading to: Post clear questions and then give background info on them. Examples: A. I was previously denied for apnea – Should I refile a claim? I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile? B. I may have PTSD- how can I be sure? I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help? This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc. Note: Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview. This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that. Home VA Disability Community VA & Veterans News Veterans Helping Veterans Podcasts HadIt.com Veteran to Veteran LLC STAY CONNECTED ‌ ‌ ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
  11. I do not think it is just you retiredat44. I too am seeing an increase in times to get things done. An NOD did not take two years previously. That is what I am seeing. As far as the care afforded I am seeing some positive lights. I no longer have to travel three hours to a hospital to get specialist care, they are providing it near my home. I will never fully trust the VA to do what is right though. As far as your situation, being sick makes things look less bright. Try your best to see something positive, be it family, or something else. Try not to let the negative get you down.
  12. Your other question was are hands and wrists rated separately. Yes, and there are a lot of diagnostic codes. Go to http://www.militarydisabilitymadeeasy.com/thehand.html and look up what your condition is.
  13. If you have outside contractors doing your exams, it can really be a delay. Not sure why. But, you can contact them, or visit them if they are near and ask for copies. If they are recent exams/procedures, for some reason they take a long time to get in the VA system. You can also try Peggy if you have a specific procedure and when it was done. They might also be able to look up details for you.
  14. Yes that is the website I was using. It allows you to see your treatment records. The only thing that is showing for me is blood work. No treatment records at all, no x-ray reports, or anything else. I know there is more to it because I see some of the treatment records from VA health care providers in my c-file but not on myhealthevet. I'm at 90% schedule and I know I have enough joint conditions to put me over the 95% math. I have service connection for psoriatic arthritis in multiple joints which is an active disease. I'm trying to get some sc 0% to 10% for pain. Probably should have aways had 10% but did not know enough about the rating criteria at the time. I should probably ask this in a separate post, but are the wrist and hands rated separately? This is assuming there is medical evidence(x-rays) to show both conditions. I have SC for wrist on one side of the body and hand on the other. Now I have involvement in both wrists and both hands.
  15. Is the whole VA medical and support system getting worse? Is it just me, or are other seeing the VA getting worse, with help, with medical, with claims, with services, the whole thing getting worse? Or am I just losing it, lost my patience, going mental.... as my medical care is getting worse, help is worse..... support,,, the whole va thing getting worse.. or is it just the stress of the claims taking decades, and really bad health making me so jaded that I can no longer see the good side of the va? Everything is really going bad,, being sick doe snot help, with no chance of ever getting better.... but being told I cannot have another doctor, closer to my home, my care changed, and they changed the schedule , was suppose to do certain tests on me for several diseases, and they have stopped doing the tests unless I get very sick.. not before.. and claims taking many more years even many years after the bva hearing,, years going by... is this with all vets, or just a few unlucky vets? The va keeps promising to fix this stuff, but it never gets better.... or is it just me?
  16. Robert We get asked this question a lot, and Oceanbound's advise is sound. Not knowing anything about your claim, whether is is multiple disabilities, an increase in an existing disability, from BVA, etc., there is no way of predicting anything at all. But people are people, and it isn't likely you can just let it go at once a week. But don't let it control you, once a day max. If it isn't what you really think you should get, you can ask for help here and appeal the decision. Good luck.
  17. Wait until the envelope shows up in your mailbox. Don't look at ebennies or va.gov daily, you will get stress out as the VA wants you to. Only look at it every Thursday for less than 5 minutes. Did you order your C-file? You are likely going to get denied. Hard fact we all faced. Learn 38.CFR instead of looking at ebennies/vagov hourly. Start looking for an outside private physician (doesn't matter if it's an MD or DO or PA-C) have the "doc" know you for the next decade. Then after a year with this physician look for specialist. Welcome to Hadit, you now how the broad sword by the old man (that Nintendo knew how the world operates and shared with us in 1985. As well as the lyrics to the catchy Springsteen's song Born in the USA)
  18. I currently have 2 appeals at the BVA. One is from 2008, another is from a CAVC remand in 2018...10 years apart. I dont know if they will be combined or not. One is on the effective date of tdiu, the other is on SMC S. I dont know how ebenefits got the 2008 date, my records show the decision was in 2009. All in all, I have been in appeals at VA since 2002...17 years. One way they delay/deny is to chop the claim up into various components, and adjututicate only one or two of those. Another is remands. However, VA does not think waiting 17 years for benefits is a long time. This guy waited 60 years. https://www.nytimes.com/2012/01/26/us/veteran-denied-disability-to-be-repaid-after-60-years.html I thought they were supposed to prioritize claims over 10 years old, apparently not. So much for the "claims will be processed in docket number order" hypothesis. If they were done in order received, how come the above Vet, Mr. Macklem, didnt get his benefits oh, say 50 years earlier???
  19. They probably did not mention MDD because you can only have one mental health rating. I have PTSD and a depressive disorder but they only rated the PTSD.
  20. Bigoc Do you use myhealthevet. You can look up medical info on there and you also can view/print out progress reports, C&P exams, obtain xray digital stuff and more. If you are already in the VA system, it should not take long to be authorized. All is un "Blue Button."
  21. Yeah vetquest, more of the waiting game. What I found interesting/significant was the clear and succinct statement by Dept of VA in their "Revision" letter": "THIS IS CONSIDERED A PARTIAL GRANT OF BENEFITS SOUGHT ON APPEAL" And notice that the only disability that was rated and established my 100% TDIU T&P was/is my TBI. Neither my MDD nor my OSA were included, and thus stand separately, as does my already existing 10% Tinnitus rating. So all said and done, all I need for SMC-S is another 50% between OSA and MDD. The VA changed their own regulations in 2013 that basically mandates that my MDD is a Secondary Service Connected Disability and thus must be rated. So I know for a fact that my MDD will be rated, the OSA not as likely. Got the fingers crossed for a bit more expediency this time around... Additionally, posted in the 76196 Federal Register /Vol78, No242/ December 17, 2013 / Rules and Regulations: Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury AGENCY: Department of Veterans Affairs. ACTION: Final rule. SUMMARY: The Department of Veterans Affairs (VA) amends its adjudication regulations concerning service connection. This final rule acts upon a report of the National Academy of Sciences, Institute of Medicine (IOM), Gulf War and Health, Volume 7: Long-Term Consequences of Traumatic Brain Injury, regarding the association between traumatic brain injury (TBI) and five diagnosable illnesses. This amendment establishes that if a veteran who has a service-connected TBI also has one of these diagnosable illnesses, then that illness will be considered service connected as secondary to the TBI. DATES: Effective Date: This rule is effective January 16, 2014. Listed ... This final rule amends VA’s regulation concerning determinations of ‘‘secondary service connection’’ by identifying circumstances under which certain illnesses will, absent clear evidence to the contrary, be found to be the secondary result of a service-connected TBI. TBI; (4) Depression if manifest within 3 years of moderate or severe TBI, or within 12 months of mild TBI ____________________________________________________________________________________ Portion of Revision Decision Letter: What We Decided We determined that the following service connected condition has worsened, so we granted an increase in your assigned percentage: Medical Description Old Percent New Percent Effective Date Residuals of traumatic 40% 70% Jul 8, 2015 brain injury to include mild memory loss, abnormal social behavior, insomina and light sensitivity Basic eligibility to Dependents' Educational Assistance is established from July 8, 2015. We assigned a permanent 100% disability evaluation for your service connected disabilities effective July 8, 2015. We granted entitlement to the 100% rate effective July 8, 2015, because you are unable to work due to your service connected disabilities. No examination will be scheduled in the future for your permanent and total disabilities. Your overall or combined rating is 70%. We do not add the individual percentages of each condition to determine your combined rating. We use a combined rating table that considers the effect from the most serious to the least serious conditions. THIS IS CONSIDERED A PARTIAL GRANT OF BENEFITS SOUGHT ON APPEAL We have withheld 20% from your award for attorney fees per your signed agreement we received with your private attorney. You will receive a separate letter regarding this withholding in the near future.
  22. Hello igotleftbehind, We're so glad you've joined our community Welcome Aboard, We are happy you found us! You've registered for an account on our VA Disability Community Forum. You will receive an email to validate your account, if you haven't received it please check your spam filter. You've joined a volunteer community of veterans who volunteer their time to help support the community, with research, answers or just a voice of support. Now you are one of us, read through the forum or use our search to find what you are looking for. SEARCH is located at the top above the subscription option. This is a public website. Do not post personal identifying information, such as real name, ssn, email address. If you upload documents make sure to blackout your personal information. Or just keep reading free with ads, totally up to you. HadIt.com is NOT a non-profit, subscriptions are NOT tax deductible. Before posting take some time to read this email and then spend a little time reading through the forums to see how questions are asked and answered. How to get your questions answered. All VA Claims questions should be posted on our forums. You can read without registering, but if you want to post a question or join the community you must register.. Register for a free account. Tips on posting on the forums. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. As much as I want to I can't read every post and will gravitate towards those I have more info on. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out. Leading to: Post clear questions and then give background info on them. Examples: A. I was previously denied for apnea – Should I refile a claim? I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile? B. I may have PTSD- how can I be sure? I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help? This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc. Note: Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview. This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that. Home VA Disability Community VA & Veterans News Veterans Helping Veterans Podcasts HadIt.com Veteran to Veteran LLC STAY CONNECTED ‌ ‌ ‌ Popular Forums VA Disability Compensation Benefits Claims Research Forum Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC Veterans Compensation & Pension Exams Success Stories Ask a question | Search | View Latest Posts and More | All VA Disability Claims Forums Thank you for your service! "Tbird" Theresa M. Aldrich Founder HadIt.com Veteran To Veteran LLC "Leave No One Behind, Not On A Jungle Trail, Not On A Desert Trail, Not On A Paper Trail" ™ HadIt.com Veteran To Veteran Site | Community Forum | News | RallyPoint | Podcast | Twitter | FaceBook | LinkedIn | About Me
  23. Open source software is free and outstanding - libra office
  24. Bigoc, the two sides are supposed to share information but that does not always happen. If you have had x-rays try a release of information at the main VA hospital.
  25. Thanks @Buck52, I was curious if I was missing anything. I think the rater went out on a limb citing hayes vs brown. I would assume that he is new or just not all there by his denial. I have never seen one written so poorly.
  26. @HorizontalMike, my most recent appeal took ten years almost to the date. I was remanded once so I had two tours at the RO. That is where most of my time was spent. The good news is that when your case gets back to the BVA they go off of the file date, if yours is the oldest claim it goes to the front of the line. Once when I was in Oregon on appeal and the RO had my case they sent it to Alaska and filed it that I was deceased. Funny how imaginative the VA can be to hold up an appeal. Yes, deny/delay is a favorite tactic of the VA.
  27. Has anyone found that VA administered x-rays do not show up on health e vet(whatever the website is that you can see your VA medical records)? My memory is terrible(TBI) and I can not remember specifics but I have definitely had x-rays done at the VA within the last 10 years. I can not remember if it was for a C&P exam or the treatment side of the hospital. Should it matter? Has anyone seen x-rays from a C&P show up in their medical records? Again I'm not talking about my C-file. There is a bunch of information that is missing from my C-file that I know the examiner has quoted that I don't see. I'm looking to see if some of the reports are in my medical file on the health care side of the VA. Do the 2 sides(C&P and Health care) share information?
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